MINT is cca enforcable?

[r&b]

Hi all. Attached are the various documents sent in reply to a cca request on 29/12/08. Can anyone tell me if this is enforcable as I already have a ccj against me with this (before I knew abt cca issues) and they are now (court date 24th Feb) attempting to get a charging order on my property (there are 2 already). If its enforcable obviously I cant do much if not how do I go about defending the charging order (is this even possible)? Many thanks for any help.

[itstheone]

can you make this a bit bigger, can't read it.

 

Use photobucket to upload

[r&b]

try this

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src="http://i615.photobucket.com/albums/tt231/robntanya/RBSADVANTAGREENCOccareply2.jpg" border="0" alt="Photobucket">

src="http://i615.photobucket.com/albums/tt231/robntanya/RBSADVANTAGREENCOccareply4.jpg" border="0" alt="Photobucket">

src="http://i615.photobucket.com/albums/tt231/robntanya/RBSADVANTAGREENCOccareply3.jpg" border="0" alt="Photobucket">

[r&b]

made these bigger thanks for any help

[supasnooper]

Hi there,

 

Unenforceable in my opinion - no prescribed terms are visible.

 

The T&C's sheet could not be linked with the application paperwork as the £12.00 default charges were not introduced until 2006.

[supasnooper]

Have read of the link below regarding charging orders but I would apply for a set aside of the CCJ issued against this account.

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[r&b]

thanks supasnooper... can i go for a set aside at the charging order hearing or is that diff matter altogether and if so do i simply defend the charging order? indeed can i defend the charging order on these grounds? also i note your points but how would i defend it in legalese to a judge such that he/she will find in my favour? appreciate the help..

[supasnooper]

sorry for the delay in getting back to you, I didn't spot this earlier.

 

May I ask, did you admit the debt when you were issued with the CCJ papers ?

 

It may be a bit tricky to apply for a set aside if you did.

 

However, moving on.

You'll need to apply for a set aside seperately to the Charging Order.

 

If you make the application immediately , you may get the Set Aside hearing and Charging Order hearings combined............perhaps, but if you don't try, the answer's already a no.

 

A set aside will cost £75 and needs to be done on a form N244.

 

The reasons for a set aside - you didn't know your rights at the time, no information supplied by the claimant with the N1 form, unenforceable CCA and you found CAG (Don't put down the last one) !

 

Don't get too stressed out about the legalise, you are a Litigant In Person, and as such, a judge should allow you certain latitude in your approach to this.

 

 

Moving on, to set aside a CCJ have a look at this thread from post #66 -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168328-some-advice-re-interim-4.html

 

 

I've attached a form N244 below.

[r&b]

supasnooper ur a star many thanks..yes i did admit it under advice from CCCS ..i presume this will be brought up by the judge ... does the law take precedence over any admission on my part?

Edited February 11, 2009 by r&b

[supasnooper]

Unfortunately letting CCCS handle this has got you the CCJ. Although they can be helpful, they really work for the creditors.

 

You will have to state to the judge that you were ill-advised by CCCS, and looking into the matter further, you found better advice from another source and would wish to set aside the CCJ as you are now fully aware of your legal rights.

 

Get the application to set aside the CCJ done and submitted as soon as possible or a judge may not consider the application. It will cost £75 to make the application.

 

Have a search for form EX160 if you think you maybe exempt from court fees.

 

Good Luck.

[r&b]

many thanks supa...i ll get the forms sorted soon as...i wont be exempt...any advice was welcome at the time, shame i didnt find this site first. you live n learn i guess. going back to the reasons for the set aside,could you just expand on the reasoning i would use. you stated the TnC s and the link with 2006 charges, which i didnt quite get..also i guess i need to get this to my local court, will i need to send a letter explaining my intended actions or simply phone the court to get it moved and then get the forms in to my local ?...many thanks

Edited February 12, 2009 by r&b

[r&b]

any ideas as to the action to get the case moved ? phone call or letter of explanation and do i conatct GREEN & CO to let them know as well? should i send them a SAR or any other letters to help my case in teh future? many thanks

[r&b]

ok letter to get the case moved to my local court will go monday...then as soon as i get confirmation through I will put the N244 in to my local court....does the main form p.2 of the copies with the signature on it, not seem to be an application form? am i right in thinking therefore that this is not an agreement at all? should I send any request, as in SAR to Green & Co or anyone else to see what they might have?

many thanks

Edited February 14, 2009 by r&b

[supasnooper]

Ok, firstly get an appeal together for the Interim Charging Order, use the points raised here National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

This needs to be signed and received by the court by Tuesday (and copy to Greens, don't send them anything else and do NOT sign this copy).

 

Also get your request off to get this moved to your local court as you've stated as you are a Litigant In Person.

 

Nest, If you wish to apply for a set aside then complete the n244 and get it into the court ASAP, do NOT wait for any correspondence or anything else !

If you are lucky, the courts may tie the set aside and the Interim Charging Order hearings together.

 

A subject Access request to RBS\Mint would be useful as it will or should disclose what documentation they hold i.e CCA and Default Notice.

 

Also it will provide details of any penalty charges you may want to reclaim if you don't get the CCJ set aside.

 

 

My reference to 2006 refers to when the default charges were reduced to £12.00 as stated on the T&C's they have sent. These T&C's were not relevant in 2001 /2002 when you first got the credit card.

 

As you have spotted, p2 of the bumpf they've provided you with may meet s78 of the Consumer Credit Act 1974 but does not meet with s61 as there is no interest rate shown, no repayment details present and no reference to a credit limit.

 

Have a read of these threads to understand CCA's (courtesy of 42man & steven4064 respectively ) -

 

Is My Agreement Enforceable - Useful

 

Consumer Credit Agreements

[r&b]

thanks supa......

sorry if im gonna drive u mad here but want to get this rite..

 

"Ok, firstly get an appeal together for the Interim Charging Order, use the points raised here National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

 

This needs to be signed and received by the court by Tuesday (and copy to Greens, don't send them anything else and do NOT sign this copy)."

 

what do u mean by get together an appeal, in what format? do i treat the charging order as a separate issue for court purposes i.e can i use the argument that my house now does not have enough equity to cover any charging orders, that i have several other debtors,etc (although 3 charging orders in total already, further reducing any equity available) or do i have to formulate something that i can use later on? are there any forms that need to go in (and to greens) or am i simply getting together a defense?

 

"Also get your request off to get this moved to your local court as you've stated as you are a Litigant In Person.

 

Nest, If you wish to apply for a set aside then complete the n244 and get it into the court ASAP, do NOT wait for any correspondence or anything else !"

 

do i send all this to my local court with a covering letter perhaps explaining the movement request or to the original CC for them to send on?

 

"My reference to 2006 refers to when the default charges were reduced to £12.00 as stated on the T&C's they have sent. These T&C's were not relevant in 2001 /2002 when you first got the credit card."

 

gotcha...makes sense when u know wot ur talking about...cant wait for that bit myself seems long way off at the mom....lol

 

really appreciate your help here

[r&b]

SAR going tomorrow gteed del to RBS head office. any ideas on my above points as i d like to get this done today and sent tomorrow to beat the tuesday deadline (is this to comply with court timing)?

 

thanks in advance

[r&b]

should the appeal be in the form of a letter setting out the issues with the original CCJ and CCA or should i submit a court form of some description?

[r&b]

trying to sort out the N244 as well any help here especially with parts 3 and 10 would be appreciated....still unsure about the appeal mentioned in no.14 by SUPA....need to get this done if its to be with them tom....

[r&b]

ok for the N244:

self explanatory up to part 3 for which i have put:

"set aside on the grounds of poor initial advice, not knowing my rights at the time, no information supplied by the claimant with the N1 form and an unenforceable consumer credit agreement."

thanks for the help previously Supa and if you re looking in what was the N1 form on which im relying in this part?

i ve looked through but found no relevent substitutions i could use for part 10 of the form for the evidence. clearly i ve got what they sent me as a CCA but what else do i need here ?

[r&b]

.... sorry guys need advice on this appeal of charging order any help pls...

Edited February 16, 2009 by r&b

[r&b]

any help there pls....im constructing smth myself but help wud be appreciated

[r&b]

ok this is wot im sending to telford and greens by gteed del...

 

claim no xxxxx

dear sir,

i write regarding the interim charging order under the above claim number to be held on 24th Feb 2009.

As a litigant in person I am writing to appeal against this order on two counts: firstly that with the recent collapse in house prices, it is very doubtful indeed that there will be any further equity should the house be sold, once the two mortgages are paid, notwithstanding two further charging orders. Secondly, I intend to pursue a set aside of the original CCJ, to which this charging order pertains.

I trust these reasons are sufficient to grant my request.

 

 

any thoughts though this is goin soon.....

also any ideas with regard to the N244 queries above as I need to get that in too...

many thanks

Edited February 16, 2009 by r&b

[MARTIN3030]

read here;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

[MARTIN3030]

lots of info here too

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[r&b]

rite sent that letter gteed next day, signed for, etc, etc to telford cc and green & co...hope that covers whats reqd..... as well as SAR to RBS...

thanks martin for the reply.... is STAT DEMAND about bankruptcy or have i read that wrong? ive not had one of those but have a current CCJ that i want to set aside and a CHARGING ORDER hearing on 24th feb which is wot that letter of appeal was about....can i use those arguments for the CCJ set aside?could still do with specific help on filling in the N244 for the set aside if poss....